The Portland daily press., 1887-07-07
THE UNITED STATES GAN NOW BE
SUED.
A Great Change Made In the Law.
baltimore Americana


Mr.. Thomas G. Hayes, United States Dis
trict Attorney, yesterday called attention to
an act of Congress, passed at the close Of the
last session, which has never been specially
brought to the attention of the public, but
which is of great Importance. 1t is a radi-
cal departure from the timc-honored rule
that sovereign power or State cannot be
sued by an individual, since it gives the right
to any citizen to sue the General Govern
ment. and is privilege granted by no State
in the Union today. Not only that, but the
citizen can sue at his own home, instead of
at Washington.
By an act of Congress approved March 3,
1887, entitled IAN act to provide for the
bringing Of suits against the Government of
the United States" 1t is provided % that the
Court of Claims snail have jurisdiction to
hear and determine all claims founded upon
the Constitution or any law Of Congress, ex-
cept for pensions, or upon any regulation of
an executive department., or upon any con-
tract, expressed or implied, with the Gov
ernment, or for damages, liquidated or un-
liquidated, in cases not sounding in tort in
respect to which claims the party would be
entitled to redress against the United States
either in court Of law, equity or admiralty,
IL the United States were suable; provided,
however. that nothing in this section shall be
construed as giving to either of the courts
herein mentioned jurisdiction to hear and
determine claims growing out of the late
civil war, and commonly known as ''war
claims" or to hear and determine other
claims which have heretofore been rejected
or reported adversely upon by any court.
department or commission authorized to hear
and determine the same. All set-offs, coun-
ter-clalms, claims for damages, whether liq-
Undated or unliquidated, or other demands on
the part OF the government against any
claimant against the government, shall be
heard in this court, provided that no suit
against the government shall be allowed un-
der this act unless the same shall have been
brought within six years after the right ac-
crued for which the claim is made. The Dis
trict Courts of the United States shall have
concurrent jurisdiction with the Court Of
Claims as to all matters named in the preced-
Ing section, where the amount Of the claim
does not exceed $500, and the Circuit Courts
of the United States shall have concurrent
jurisdiction in all cases where the amount of
such claim exceeds $10c0 and does not ex-
ceed $1,000 All cases brought and tried
under the provisions of this act shall he
tried by the court without jury.
Heretofore, in all disputed claims against
the government, the citizen was obliged to
file claim in the Court of Claims at Wash
ingt0n, and there await the tardy action Of
that court, necessarily tardy on account of
business constantly aceumulating on its
hands. According to the law as it now
stands. John Smith can enter suit against
the United States just the same as he would
suit against John Jones, either in the Dis
trict or Circuit Court of the United States in
the district Of which he is q citizen, and ac-
cordlng to the amount of his claim-that Is
to say, il within $1,000, in the District Court ;
or, If upwards of $1,000 and under $4,000, in
the Circuit Court Of the United States.